2002 04 11 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 11, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on April 11, 2002, at
6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Mercedes Renteria III
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
The meeting was opened with a quorum present. Mayor Alfaro recognized the high school
students present from Ms. White's class at Sterling High School. Council Member Mundinger
led the pledge of allegiance and offered the invocation after which the following business was
conducted:
Consider approval of minutes of the work session and special meeting held on March 28,
2002.
Council Member Godwin moved approval of the minutes of the work session and special
meeting held on March 28, 2002. Council Member Murray seconded the motion. The vote
follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approval of minutes for the work session held on April 2, 2002.
Council Member Mundinger moved approval of the minutes of the work session held on April 2,
2002. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
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Minutes of the Regular Session - April 11, 2002
Consider approval of minutes for the work session held on April 6, 2002.
Council Member Murray moved approval of the minutes of the work session held on April 6,
2002. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider Proposed Ordinance No. 020411 -1, authorizing the City Manager to execute
agreements with Arbitrage Compliance Specialists Inc., and First Southwest Company to
perform arbitrage calculation services for current bond issues.
Pursuant to Internal Revenue Code Title 26, Subtitle A, Chapter 1, Subchapter B, Part IV,
Subpart B, Section 148, the City is required to calculate the arbitrage liability for outstanding
bonds. Reports are made at five -year intervals. A final calculation is required when the bonds
are refunded, defeased, or reach final maturity. First Southwest Company and Arbitrage
Compliance Specialists have performed arbitrage calculations for the City in the past. Four of
the five issues were refunded or reached final maturity in 2002. A final calculation and report to
the Internal Revenue Service is required for these issues. Additional costs incurred in 2002 are
due to the refunding earlier this year. The total costs for all issues will be $33,043.85 for the
current fiscal year.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN
TO EXECUTE AN AGREEMENT WITH ARBITRAGE COMPLIANCE SPECIALISTS, INC.,
AND FIRST SOUTHWEST ASSET MANAGEMENT, INC., TO PERFORM ARBITRAGE
CALCULATION SERVICES FOR CURRENT BOND ISSUES; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -THREE THOUSAND FORTY -
THREE AND 85/100 DOLLARS ($33,043.85); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session - April 11, 2002
Consider Proposed Ordinance No. 020411 -2, approving Change Order No. 1 and final
payment, and accepting the 146 Sanitary Sewer Lift Station and Force Main Project.
The proposed ordinance approves deduct Change Order No. 1 to adjust final quantities in the
amount of $3,513, final payment of $34,764.95 to Angel Brothers Enterprises, Inc., and accepts
the 146 Sanitary Sewer Lift Station and Force Main Project, excluding the two Gorman Rupp T-
10 series pumps. The contract award amount was $649,412 and the final contract amount is
$645,899. This represents a .5% cost savings, which was largely due to an adjustment of final
quantities on various bid items. Contract original duration was 180 calendar days and the work
was substantially complete on schedule. The contractor's workmanship was satisfactory.
This ordinance accepts the project exclusive of the lift station pumps. The pumps produce a
noise, which the manufacturer claims is caused by recirculation and not harmful. However, staff
believes that the noise is a recirculation cavitation, which could damage the pumps. Therefore,
we have requested an extended warranty and periodic inspections from the manufacturer. Since
the project has been completed in accordance with the plans and specifications, payment to the
contractor should not be delayed. As such, the release of retainage to Angel Brothers
Enterprises, Inc. is recommended. This work was funded by 2000 Certificates of Obligation.
Council Member Anderson moved adoption of the proposed ordinance. Council Member
Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH ANGEL BROTHERS
ENTERPRISES, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE STATE
HIGHWAY 146 LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF THIRTY -FOUR THOUSAND SEVEN HUNDRED SIXTY -
FOUR AND 95/100 DOLLARS ($34,764.95) TO ANGEL BROTHERS ENTERPRISES, INC.,
FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020411 -3, rejecting all bids opened December 18, 2001, and
awarding the re-bid of the annual collection of warrants contract.
The proposed ordinance rejects all bids opened December 18, 2001, and awards the re -bid of the
annual collection of warrants contract to State Municipal Services, Inc. Five bids were mailed
111 and five bids were received. State Municipal Services, Inc., will charge 12% for collection
services. The previous contract with State Municipal Services, Inc., charged 15 %. This contract
is used by the Municipal Court.
N
Page 4 of 4
Minutes of the Regular Session - April 11, 2002
Council Member Mundinger moved adoption of the proposed ordinance. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REJECTING THE BIDS FOR THE ANNUAL COLLECTION OF WARRANTS CONTRACT;
AWARDING THE ANNUAL COLLECTION OF WARRANTS CONTRACT — REBID TO
STATE MUNICIPAL SERVICES, INC., AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF FORTY -FIVE THOUSAND AND N0 1100 DOLLARS
($45,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 020411 -1, requesting the sheriff or constable to sell the
property located at 1241 Cherry Street at a public sale pursuant to Section 34.05(c) of the
Texas Tax Code.
In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale
property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure
sale. At a public sale, the property will be sold at a public auction at the courthouse door of the
county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The
acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As
such, it is believed that this process will provide the City an efficient mechanism for (i) returning
deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to
the properties neighboring those which have been bid off to the City in tax foreclosure sales, and
(iii) improving the safety and quality of life throughout the City. This resolution authorizes the
sale of the following property:
Property Address: 1241 Cherry Street, Baytown, Texas 77520
Legal Description: Lots 3 & 4, Block 3, Airhart
Number and Style of Suit: Cause No. 1991 - 61329; City of Baytown v. Gibbs
Spillers In the 125`h Judicial District Court, Harris
County, Texas
Date of Tax Foreclosure Sale: 4/1/97
The right of redemption has expired on the property
The property contains no improvements.
Council Member Murray moved adoption of the proposed resolution. Council Member Sheley
seconded the motion. The vote follows:
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Minutes of the Regular Session - April 11, 2002
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT
1241 CHERRY STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE
TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider approval of plans and specifications for State Highway 146 at El Chaco Drive
Traffic Light (flashing beacon) and authorize advertisement for bids.
The scope of work consists of the installation of 4 traffic signal poles and a ground- mounted
cabinet with flasher control. Also included are traffic signal spans with overhead one - section
flashing beacons, advance flashing beacon assemblies including warning signs, and 45 MPH safe
speed plates. All wiring and other appurtenances necessary for operational intersection and
advance flashing beacon assemblies will be in place upon completion. The engineer's estimated
construction cost is $67,995 and will be funded by the General Fund. The construction duration
is estimated to be 60 calendar days.
Fred Pack, Director of Public Services, informed council that the City had retained the services
of PBS & J and Kimley Horn and Associates, Inc., and each had conducted an independent study
of the intersection. Both studies indicated that a fully signalized intersection was only
marginally warranted. He said that a third study, conducted by the Texas Department of
Transportation, found that a fully signalized intersection could be installed, if the City wished to
do so.
Based on the traffic studies, Mr. Pack said that staff recommends the installation of lesser
restrictive measures: overhead flashers, a reduction in the speed limit, and the installation of a
flashing beacon traffic signal. 45 MPH signs will be placed on each side of Pinehurst and El
Chaco, 1000 feet from each intersection.
Council Member Anderson moved approval of plans and specifications and advertisement for
bids for State Highway 146 at El Chaco Drive Traffic Light (flashing beacon). Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
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Minutes of the Regular Session - April 11, 2002
Consider appointment to Growth Management and Development Advisory Commission
and the Planning and Zoning Commission.
The term of the representative from District 6 expired January 1, 2002. This is a two -year term.
Council Member Godwin moved appointment of Larry Haynes to represent District 6 on the
Growth Management and Development Advisory Commission and the Planning and Zoning
Commission. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Tow Truck Committee.
The positions on the Tow Truck Committee currently held by Bobby Sutton and Lee Lombard
expire in April 2002. Each has indicated that he would be willing to serve another term, if
Council should appoint him. Both attended the only meeting held in 2001.
Council Member Sheley moved appointment of Bobby Sutton and Lee Lombard to the Tow
Truck Committee. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
City Manager's Report.
City Manager Mercer gave an update on the trash collected during the Trash Off, held on April
6, 2002. It was an unqualified success, with totals far exceeding those of 2001.
Mr. Mercer reminded council that the Special Olympics will be held on Saturday, April 13,
2002.
Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Anderson
seconded the motion. The vote follows:
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Minutes of the Regular Session - April 11, 2002
Ayes; Council Members Anderson, Godwin, Mundirzeer, Murray, Renteria, and Shelcy.
Mayor Al faro.
Nays: "None.
The inotion'carried. -
There b ' rtlter business, the meeting adjourned at 6:55 p.m.
�i Uaa�W. mi[h
�, City Clerk
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